Commission Implementing Regulation (EU) 2018/1981 of 13 December 2018 renewing the approval of the active substances copper compounds, as candidates for substitution, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance.)

• CELEX: Implementing Regulation (EU) 2018/1981
• Articles: 5

Article 1 Renewal of the approval of the active substances as candidates for substitution

The approval of the active substances copper compounds, as a candidate for substitution, is renewed as set out in Annex I.

Article 2 Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3 Entry into force and date of application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .

It shall apply from 1 January 2019.

Schedules & Appendices

ANNEX I

ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity  ( 1 )

Date of approval

Expiration of approval

Specific provisions

Copper compounds:

1 January 2019

31 December 2025

Only uses resulting in a total application of maximum 28 kg of copper per hectare over a period of 7 years shall be authorised.

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, the conclusions of the review report on copper compounds and in particular Appendices I and II thereto, shall be taken into account.

In their overall assessment Member States shall pay particular attention to:

—

the operator, worker and bystander safety and ensure that conditions of use prescribe the application of adequate personal protective equipment and other mitigation measures as appropriate;

—

the protection of water and non-target organisms. In relation to these identified risks, risk mitigation measures, such as buffer zones, shall be applied where appropriate;

—

the amount of active substance applied and ensure that the authorised amounts, in terms of rates and number of applications, do not exceed the minimum necessary to achieve the desired effects and do not cause any unacceptable effect on the environment taking into account background levels of copper at the application site, and, where the information is available, copper input from other sources. Member States may in particular decide to set a maximum annual application rate not exceeding 4 kg/ha of copper.

Copper hydroxide CAS No 20427-59-2 CIPAC No 44.305

Copper (II) hydroxide

≥ 573 g/kg

Copper oxychloride CAS No 1332-65-6 or 1332-40-7 CIPAC No 44.602

Dicopper chloride trihydroxide

≥ 550 g/kg

Copper oxide CAS No 1317-39-1 CIPAC No 44.603

Copper oxide

≥ 820 g/kg

Bordeaux mixture CAS No 8011-63-0 CIPAC No 44.604

Not allocated

≥ 245 g/kg

Tribasic copper sulphate CAS No 12527-76-3 CIPAC No 44.306

Not allocated

≥ 490 g/kg

The following impurities shall not exceed the following levels:

Arsenic max. 0,1 mg/g Cu

Cadmium max. 0,1 mg/g Cu

Lead max. 0,3 mg/g Cu

Nickel max. 1 mg/g Cu

Cobalt max. 3 mg/kg

Mercury max. 5 mg/kg

Chromium max. 100 mg/kg

Antimony max. 7 mg/kg

( 1 )   Further details on identity and specification of active substance are provided in the review report.

ANNEX II

ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)

in Part A, entry 277 on copper compounds is deleted;

(2)

in Part E, the following entry is added:

No.

Common Name, Identification Numbers

IUPAC Name

Purity  ( 1 )

Date of approval

Expiration of approval

Specific provisions

‘10

Copper compounds:

1 January 2019

31 December 2025

Only uses resulting in a total application of maximum 28 kg of copper per hectare over a period of 7 years shall be authorised.

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, the conclusions of the review report on copper compounds and in particular Appendices I and II thereto, shall be taken into account.

In their overall assessment Member States shall pay particular attention to:

—

the operator, worker and bystander safety and ensure that conditions of use prescribe the application of adequate personal protective equipment and other mitigation measures as appropriate;

—

the protection of water and non-target organisms. In relation to these identified risks, risk mitigation measures, such as buffer zones, shall be applied where appropriate;

—

the amount of active substance applied and ensure that the authorised amounts, in terms of rates and number of applications, do not exceed the minimum necessary to achieve the desired effects and do not cause any unacceptable effect on the environment taking into account background levels of copper at the application site, and, where the information is available, copper input from other sources. Member States may in particular decide to set a maximum annual application rate not exceeding 4 kg/ha of copper.’

Copper hydroxide CAS No 20427-59-2 CIPAC No 44.305

Copper (II) hydroxide

≥ 573 g/kg

Copper oxychloride CAS No 1332-65-6 or 1332-40-7 CIPAC No 44.602

Dicopper chloride trihydroxide

≥ 550 g/kg

Copper oxide CAS No 1317-39-1 CIPAC No 44.603

Copper oxide

≥ 820 g/kg

Bordeaux mixture CAS No 8011-63-0 CIPAC No 44.604

Not allocated

≥ 245 g/kg

Tribasic copper sulphate CAS No 12527-76-3 CIPAC No 44.306

Not allocated

≥ 490 g/kg

The following impurities shall not exceed the following levels:

Arsenic max. 0,1 mg/g Cu

Cadmium max. 0,1 mg/g Cu

Lead max. 0,3 mg/g Cu

Nickel max. 1 mg/g Cu

Cobalt max. 3 mg/kg

Mercury max. 5 mg/kg

Chromium max. 100 mg/kg

Antimony max. 7 mg/kg

( 1 )   Further details on identity and specification of active substance are provided in the review report.